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Setting Aside Abatement

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Anand Dasa
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2K views6 pages

Setting Aside Abatement

Good Nice

Uploaded by

Anand Dasa
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

WRIT PETITION NO. 20615-20616/ 2023

BETWEEN:

B. Srihari …Petitioner

And
The Chairman and Managing Director & Ors …Respondents

INDEX

SL NO PARTICULARS PAGES

1. APPLICATION UNDER ORDER XXII RULE


3 READ WITH SECTION 151 OF THE
CODE OF CIVIL PROCEDURE,1908

2. Affiadvit

3. Document No.1: Death Certificate

BENGALURU
DATED ADVOCATE FOR PETITIONER
IN THE HIGH COURT OF KARNATAKA AT BANGALORE

WRIT PETITION NO. 20615-20616/ 2023

BETWEEN:

B. Srihari
s/o Late B. Ramaswamy,
Aged about 60 years,
[Retd. Manager (CE)]
R/a No. 988, Rathna Nilaya,
2nd D Cross, 3rd Block,
3rd Cross, Basaveshwaranagar,
Bangalore-560079 …Petitioner

AND

1. The Chairman and Managing Director,


Food Corporation of India,
No. 1/20 Barakamba Lane,
New Delhi- 110001.

2. The General Manager (KTK)


Food Corporation of India
Regional Office No.10,
NAL Layout, Jayanagar,
Bengaluru,
Karnataka- 560041.

3. The Executive Director (South)


Food Corporation Of India,
(Zonal Office)
No. 3, Haddows Road,
Chennai-600006 …Respondents
APPLICATION UNDER ORDER XXII RULE 3 READ WITH SECTION 151
OF THE CODE OF CIVIL PROCEDURE,1908

For the reasons sworn in the accompanying affidavit, it is prayed that this Hon’ble
court may be pleased to set aside the abatement created by virtue of the demise of the
sole Petitioner in the above Writ Petition in the interest of Justice and Equity.

BENGALURU
DATED ADVOCATE FOR PETITIONER
IN THE HIGH COURT OF KARNATAKA AT BANGALORE

WRIT PETITION NO. 20615-20616/ 2023

BETWEEN:

B. Srihari …Petitioner

And
The Chairman and Managing Director & Ors …Respondents

AFFIDAVIT

I, Bindiganavale Srihari Suhas /o B Srihari, Aged about 34 Years, residing at


1791, New No, 26/1, 4th Floor, 4th Main, 6th Cross, Prakashnagar, Bangalore –
560021 do hereby solemnly affirm and state on oath as follows:-

1. I state that I am the Impleading Applicant in the above Writ Petition. I am


aware of the facts of the case. Hence, I am swearing to this Affidavit on
behalf of all the legal representatives of the deceased Petitioner and on
my behalf.

2. I state that I am Son of Late Sri. B. Srihari i.e., the Petitioner herein, in
the above Writ Petition I am the legal heir of the Petitioner. Hence, I am
swearing on behalf of the other Legal Representatives in this affidavit.

3. I state that Late Sri. B. Srihari, the Petitioner in the above Writ Petition
has passed away on 12.10.2017.
4. I state that due to the demise of the Petitioner in the above matter, it is
necessary for us to be placed on record as the Legal Representatives of,
Late Sri. B. Srihari, the Petitioner in the above Writ Petition.

5. I state that I along with the other Legal Representatives could not be
Impleaded as the Legal Representative of the deceased Petitioner in the
first instance i.e., when the Petitioner passed away on 12.10.2017, since,
the LR’s were unaware of the pendency of the above Writ Petition as no
communication were received from the Lawyer representing the
Petitioner in the above Writ Petition and were not in a position to file the
necessary application in time. However, very recently I have received
communication from the Lawyer Representing the Petitioner in the above
Writ Petition, I have forwarded the particulars of the LR’s of the
deceased Petitioner and filed the present application. Due to the above
stated Bona fide reasons there is abatement created due to the delay
occasioned in bringing the LR’s of the deceased Respondent on record in
the above Writ Petition. There is a delay of …………………days in
filling the LR application.

6. I state that the delay in bringing the LR of the deceased Petitioner on


record is neither intentional nor deliberate, but the delay occasioned due
to the above-mentioned Bona fide reasons.

7. I state that the contents of the Memorandum of Writ Petition may be read
as a part of this Affidavit to avoid repetition of facts.

8. I state that no hardship would be caused, if the abatement is set aside and
the delay is condoned.
WHEREFORE, it is respectfully prayed that this Hon’ble Court may be
pleased to set aside the abatement and to condone the delay, in the interest of
Justice and Equity.

Identified by me,

Advocate Deponent

Bengaluru

Dated.

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